284 ARTICLE 9.

An attachment, however, will lie up to the time the deed of trust is recorded
and the trustee's bond filed, and a subsequent record of the deed and filing of the
bond cannot affect an attachment already laid. Stiefel v. Boston, 73 Md. 412. See
also White v. Pittsburg Bank, 80 Md. 1."

Funds or property in the hands of a trustee in equity.

Unascertained funds in the hands of a trustee in equity cannot be attached, be-
cause the garnishee cannot come in and confess the amount in his hands. Cockey v.
Leister, 12 Md. 129; Bentley v. Shrieve, 4 Md. Ch. 412.

Where a final audit fixes the amount due by a trustee to a debtor, the money may
be attached, and where a portion of such fund has been assigned prior to such
attachment, the balance of the fund may be condemned. Williams v. Jones, 38 Md.
566. See also Cockey v. Leister, 12 Md. 129.

If the share of the debtor in the fund in the hands of a trustee is ascertained at
any time before trial of the attachment, it may be condemned. McPherson v.
Snowden, 19 Md. 232; Groome v. Lewis, 23 Md. 149; Hardesty v. Campbell, 29
Md. 537; Early v. Dorsett, 45 Md. 467.

And accounts may be suspended by a court of equity for a reasonable time, in
order that the attaching creditor may obtain judgment of condemnation and
thus make his attachment effective. Early v. Dorsett, 45 Md. 468.

A contingent or uncertain interest in a trust estate which could not be definitely
ascertained and was not susceptible of appraisement, held not attachable. Safe
Depos. & Tr. Co. v. Ind. Brew. Asso., 127 Md. 468.

Property left in trust.

The following bequests in trust are held not to be subject to attachment in the
hands of a trustee by a creditor of the cestui que trust: Property bequeathed so
that the same shall not be liable " To be taken in execution or attachment or other-
wise howsoever, and so that she shall not pledge or anticipate it." Read v. Safe
Deposit, etc., Co., 86 Md. 464.

An income bequeathed to be paid to the beneficiary " Into his own hands and not
into another, whether claiming by his authority or otherwise." Smith v. Towers, 69
Md. 77.

An income bequeathed for the support of the testator's son and his family. " But
my will is that my said son shall have no power to charge, encumber or anticipate
the said income." Jackson Sq., etc., Assn. v. Bartlett, 95 Md. 661.

Where, however, the income from property is left in trust for L. for life, " The
said share to be securely invested as soon as declared, and after her death to be
equally divided between her children," such income is liable to attachment. Baker
v. Keiser, 75 Md. 332.

Property in the hands of an insolvent trustee.

After the conveyance of property to a trustee under our insolvent laws, a non-
resident creditor, like a resident creditor, cannot attach. Pinckney v. Lanahan, 62
Md. 447 (overruling early cases to the contrary).

Where property is attached in the hands of a conventional trustee, and just after
the attachment the defendant goes into insolvency, the further prosecution of the
attachment is stopped, but the inchoate lien acquired by the plaintiff in the attach-
ment is transferred to the property in the hands of the insolvent trustee, and will
be respected by the insolvent court. Buschman v. Hanna, 72 Md. 1. See also
Thomas v. Brown, 67 Md. 517; Lynch v. Roberts, 57 Md. 150.

But the insolvent trustee may intervene in the attachment case and move to
quash. Palmer v. Hughes, 84 Md. 657.

Where defendant in attachment goes into bankruptcy.

Funds in the hands of a trustee in bankruptcy are not subject to attachment.
Newman v. Fisher, 37 Md. 262.

While under the bankrupt law an attachment within four months prior to the
bankrupt proceedings is void, the attachment is valid if laid prior to such period.
Franklin v. Claflin, 49 Md. 46. See also Lewis v. Higgins, 52 Md. 617.

If the attachment is prosecuted to final judgment before the bankrupt proceedings
are begun, the attachment cannot be attacked collaterally, even though sued out
within the four months' period. Henkleman v. Smith, 42 Md. 177 (based on the
bankruptcy act of 1867) .

As to pleading the pendency of bankruptcy proceedings in the short-note and
attachment cases, see Lewis v. Higgins, 52 Md. 614.

And see notes to sec. 19.